Convicted teacher's court date postponed

Wednesday, October 31, 2007
By Michele Reaves
Staff writer Post Standard

Today's court appearance for the Onondaga Nation School teacher convicted of sexually abusing a first-grade pupil has been postponed.

Judge William Walsh postponed the court date until he could read motions from attorneys on both sides of Albert Scerbo's case, said Barry Weiss, speaking for the district attorney's office.

Scerbo's sentencing was postponed Oct. 10, so his defense attorney could decide whether to file a motion based on information in an article The Post-Standard ran that day.

Edward Z. Menkin, filed a motion Oct. 23 asking for a new trial because two jurors introduced evidence during deliberations that was not part of the trial. The two educators told fellow jurors Scerbo knew he was doing something wrong because teachers are trained not to touch students, jurors Anthony Wright and David Finlay told The Post-Standard.

Assistant District Attorney Gary Dawson plans to file a response with the court, Weiss said.

Scerbo, 45, of Clay, was convicted Aug. 2 of felony first-degree sexual abuse and misdemeanor endangering the welfare of a child, involving a now-7-year-old victim when she was in his first-grade music class.

A new court date has not been set, Weiss said.